Federal Law № 93-FZ dated June 23 1995
‘ON PROCEDURE OF PROVIDING CIVIL AND MILITARY PERSONNEL
FOR PARTICIPATION IN THE ACTIVITY OF MAINTENANCE OR
RESTORATION OF THE INTERNATIONAL PEACE AND SECURITY BY THE
RUSSIAN FEDERATION’
Adopted by the State Duma on May 26 1995
Summary:
This federal law defines the procedure of providing personnel for international
peacekeeping missions (missions for the restoration of international peace and
security) and arranging the necessary training for such missions. The law also
deals with participation in other international operations involving the use of
coercive force.
The different types of personnel who may be involved in such operations are
defined, and the terms of their participation, their roles; and the legal basis of their
participation are outlined.
The decision making procedures for providing civilian and military personnel for
participation in peacekeeping activities are detailed as is the procedure for
provision of armed units for international actions involving the use of force. The
role of the President and duties of the Federal Assembly are outlined.
Decisions on international coercive actions and the legal basis for them are
detailed. The organisation, training and provision of civil personnel for
peacekeeping operations and their funding are specified.
Chapter I
General Provisions
Chapter II
Decision-Making Procedure on Providing Civil and Military Personnel
for Participation in the Peace-Making Activity by the Russian Federation
Chapter III Decision-Making Procedure of Providing by the Russian Federation
Army Units of the Armed Forces of the Russian Federation for Participation in the
International Forced Actions with Use of Armed Forces
Chapter IV Organization of Training and Providing of the Civil and Military
Personnel Assigned by the Russian Federation for Participation in the Activity of
maintenance or Restoration of the International Peace and Security
Chapter V Final Provisions
CHAPTER I
GENERAL PROVISIONS
Article 1
The present Federal Law shall define the procedure of providing civil and
military personnel by the Russian Federation and arranging of the personnel
training and ensuring the personnel participation in the activity of maintenance or
restoration of the international peace and security.
Article 2
In the present Federal Law the activity of maintenance or restoration of the
international peace and security with involvement of the Russian Federation shall
imply operations of maintenance of peace and other measures undertaken by the
Security Council of the United Nations Organization in compliance with the UN
Charter, by regional bodies or within the framework of the regional bodies or
agreements of the Russian Federation, or on the basis of the bilateral or multilateral
international treaties of the Russian Federation, which are not enforced actions in
accordance with the UN Charter (hereinafter referred to as peace-making activity),
as well as the international forced actions with use of armed forces, realized by the
resolution of the UN Security Council, adopted in compliance with the UN Charter,
for elimination of a threat to peace, violations of peace, or an act of aggression.
Article 3
The staff of the civil and military personnel provided by the Russian
Federation for participation in the activity of maintenance or restoration of the
international peace and security, envisaged by Article 2 of the present Federal Law,
may include individual military persons and army units of the Armed Forces of the
Russian Federation (army units and sub-units with the corresponding armaments
and military equipment, means of support and procurement), as well as civil
persons, individual representatives (or groups of representatives) of the Federal
executive authorities.
Participation of the military and civil personnel in the activity of maintenance
or restoration of the international peace and security may include monitoring and
control over observance of the agreements on cease-fire and other hostile actions,
separation of the conflicting Parties, disarmament and breaking up of their subunits, carrying-out of the engineering and other operations, assistance in settling
the problems of refugees, rendering of medical and other humanitarian assistance,
fulfilment of militia (police) and other functions on providing security of the
population and compliance with the human rights, as well as carrying-out of the
international forced actions in compliance with the UN Charter.
The Russian Federation may participate in the peace-making activity also by
providing foodstuff, medications, other humanitarian assistance, and means of
communication, transport vehicles and other material-technical resources.
Article 4
If in connection with providing civil and military personnel by the Russian
Federation for participation in the activity of maintenance or restoration of the
international peace and security it is presumed to conclude an international treaty of
the Russian Federation, the decision on holding negotiations and signing of the
mentioned international treaty by the Russian Federation shall be taken by the
President of the Russian Federation or the Government of the Russian Federation
within the terms of reference defined by the Constitution of the Russian Federation,
the present Federal Law, and other Federal laws.
In the case of concluding an international treaty of the Russian Federation on
providing civil and military personnel for participation in the activity of maintenance
or restoration of the international peace and security this treaty shall be subject to
ratification under the procedure fixed by the Federal Law, in the case in which the
realization of such treaty requires allocation of additional budgetary appropriations
or the treaty envisages providing of army units of the Armed Forces of the Russian
Federation for participation outside the limits of the territory of the Russian
Federation in the international forced actions with use of armed forces, as well as
under other grounds fixed by the Federal laws.
Article 5
The Russian Federation shall independently in each case and with account of
its obligations under the UN Charter and other international treaties define the
feasibility of its participation in the activity of maintenance or restoration of the
international peace and security.
The effectiveness of the present Federal Law shall not apply to the procedure
of use of the Armed Forces of the Russian Federation during exercise of the
inherent right of the Russian Federation to individual or collective self-defense for
repulsing an armed attack in compliance with Article 51 of the UN Charter.
CHAPTER II
DECISION-MAKING PROCEDURE OF PROVIDING CIVIL AND MILITARY
PERSONNEL FOR PARTICIPATION IN THE PEACE-MAKING ACTIVITY
BY THE RUSSIAN FEDERATION
Article 6
The decision on forwarding individual military persons outside the limits of the
Russian Federation for participation in the peace-making activity shall be taken by
the President of the Russian Federation.
The President of the Russian Federation shall define the area of actions of
the mentioned military persons, their tasks, subordination, period of stay and
procedure of replacement, as well as fix in compliance with Federal laws additional
guarantees and compensations to the mentioned military persons and members of
their families.
The President of the Russian Federation shall take a decision on recalling the
aforementioned military persons if in connection with the change of the international
military-political situation their participation in the peace-making activity becomes
inexpedient.
Article 7
The decision on forwarding military formations of the Armed Forces of the
Russian Federation outside the limits of the Russian Federation for participation in
the peace-making activity shall be taken by the President of the Russian Federation
on the basis of the Decree of the Council of Federation on the possibility of using
the Armed Forces of the Russian Federation outside the limits of the Russian
Federation.
The proposal, made by the President of the Russian Federation to the
Council of Federation, shall include the data on the area of actions of the
mentioned army units, their tasks, total quantity, types and composition of the
armaments, subordination, period of stay, procedure of replacement and conditions
of withdrawal, as well as additional guarantees and compensations to the
mentioned military persons of army units and members of their families fixed in
compliance with the Federal laws.
The President of the Russian Federation shall take a decision on recalling the
aforementioned army units, if in connection with the change of the international
military-political situation their participation in the peace-making activity becomes
inexpedient.
The President of the Russian Federation shall inform the Council of
Federation and the State Duma on the taken decisions.
Article 8
The military personnel forwarded in compliance with Articles 6 and 7 of the
present Federal Law to participate in the peace-making activity shall be staffed on a
voluntary basis with the military persons passing their military service under a
contract. The aforementioned military persons shall undergo a special preliminary
training.
Article 9
The decision on forwarding civil personnel on the voluntary basis outside the
limits of the Russian Federation to participate in the peace-making activity shall be
taken by the Government of the Russian Federation.
The Government of the Russian Federation shall also take decisions on
providing foodstuff, medications, other humanitarian assistance, means of
communication, transport vehicles together with the crews, staffed on the voluntary
basis, for delivery of humanitarian aid and material-technical resources.
The Government of the Russian Federation shall define the area of the
actions of the aforementioned civil personnel, its tasks, period of stay and
procedure of replacement, as well as in compliance with the Federal laws it shall fix
additional guarantees and compensations to the forwarded persons, including
members of the transport vehicle crews, and members of their families.
The Government of the Russian Federation shall take a decision on recalling
the aforementioned civil personnel if in connection with the change of the
international military-political situation their participation in the peace-making
activity becomes inexpedient.
The decision on recalling the aforementioned civil personnel may be taken by
the President of the Russian Federation along with the decisions on recalling the
military personnel envisaged with Articles 6 and 7 of the present Federal Law.
CHAPTER III
DECISION-MAKING PROCEDURE OF PROVIDING BY THE RUSSIAN
FEDERATION ARMY UNITS OF THE ARMED FORCES OF THE RUSSIAN
FEDERATION FOR PARTICIPATION IN THE INTERNATIONAL FORCED
ACTIONS WITH USE OF ARMED FORCES
Article 10
The decision on forwarding army units of the Armed Forces of the Russian
Federation outside the limits of the Russian Federation for participation in
compliance with the UN Charter in the international forced actions with use of
armed forces shall be taken by the President of the Russian Federation on the
basis of the Decree of the Council of Federation on possibility of using the Armed
Forces of the Russian Federation outside the limits of the Russian Federation and
in compliance with the ratified and effective for the Russian Federation international
treaty or if no conclusion of an international treaty is planned then in compliance
with the Federal law.
The proposal made by the President of the Russian Federation to the Council
of Federation shall include the data on the area of the actions of the
aforementioned army units, their tasks, total quantity, on the types and composition
of the armaments, subordination, period of stay or procedure of its extension,
procedure of replacement and conditions of withdrawal, as well as additional
guarantees and compensations to the military persons of the mentioned army units
and members of their families fixed in compliance with Federal laws.
The proposal for ratification of the international treaty or the draft Federal
Law, envisaged with the present Article may be presented to the State Duma upon
adoption of the corresponding Decree by the Council of the Federation.
The President of the Russian Federation shall take a decision on recalling the
aforementioned army units if in connection with the change of the international
military-political situation their participation in the international forced actions with
use of armed forces becomes inexpedient.
The President of the Russian Federation shall inform the Council of
Federation and the State Duma of the decisions taken.
Article 11
The decision on forwarding outside the limits of the Russian Federation army
formations of the Armed Forces of the Russian Federation for participation in the
international coercive actions with use of the armed forces, given at the disposal of
the UN Security Council on the basis of a special agreement with the UN Security
Council envisaged in the UN Charter, shall be taken in compliance with the
decisions of the UN Security Council under the order and the conditions fixed by
Article 10 of the present Federal Law.
Article 12
Should the army formations of the Armed Forces of the Russian Federation,
forwarded for participation in the international coercive actions with use of armed
forces be provided with foodstuff, means of communication, transport vehicles and
other material-technical resources, medical and other service the Government of
the Russian Federation upon commission of the President of the Russian
Federation shall take a decision on organization of such supply and on forwarding
of the corresponding civil personnel outside the limits of the Russian Federation on
the voluntary basis.
The Government of the Russian Federation shall define the area of the
actions of the aforementioned civil personnel, its tasks, period of stay and
procedure of replacement, as well as it shall fix additional guarantees and
compensations to the forwarded persons and members of their families in
compliance with the Federal laws.
The President of the Russian Federation or the Government of the Russian
Federation upon commission of the President shall take a decision on recalling of
the mentioned civil personnel, if in case with the change of the international militarypolitical situation its further participation in such activities becomes unfeasible.
CHAPTER IV ORGANIZATION OF TRAINING AND PROVIDING OF THE CIVIL
AND MILITARY PERSONNEL ASSIGNED BY THE RUSSIAN FEDERATION FOR
PARTICIPATION IN THE ACTIVITY OF MAINTENANCE OR RESTORATION OF
THE INTERNATIONAL PEACE AND SECURITY
Article 13
For the purposes of education, special training, and participation of the
military personnel in the peace-making activity within the staff of the Armed Forces
of the Russian Federation there shall be formed a special military contingent.
The procedure of forming, staff and quantity of the mentioned contingent
shall be defined by the President of the Russian Federation.
Article 14
The Government of the Russian Federation shall organize and provide
training, certification, medical examination and education of the military and civil
personnel, forwarded for participation in the activity of maintenance or restoration of
the international peace and security, as well as fix and provide administration of
guarantees and compensations to the mentioned personnel, including mandatory
insurance of the life and health in compliance with Federal laws.
Article 15
Training and equipping of the army formations of the Armed Forces of the
Russian Federation, forwarded for participation in the activity of maintenance or
restoration of the international peace and security shall be made out of the funds of
the Federal Budget allocated for defense. The military personnel costs within the
period of participation in the mentioned activity shall be envisaged in the Federal
Budget in a separate Article.
The costs of training and participation in the activity of maintenance or
restoration of the international peace and security of the civil personnel, as well as
the costs of supply of the aforementioned activity with foodstuff, medications, other
humanitarian aid, means of communication, transport vehicles and other materialtechnical resources shall be envisaged in the Federal Budget in a separate line in
the item of expenditures on the international activity.
Spending of additional funds on the mentioned targets shall be feasible only
upon adoption of the corresponding Federal law.
The Government of the Russian Federation shall submit to the Council of the
Federation and the State Duma conclusions on the necessary costs associated
with providing of the military and civil personnel for participation in the activity of
maintenance or restoration of the international peace and security, develop and
submit to the State Duma draft Federal laws on allocation of additional funds for
these purposes including sources of their financing, as well as solve the problems
related to compensation by the UN, regional bodies and individual States of the
costs of the Russian Federation on participation in this activity.
CHAPTER V
FINAL PROVISIONS
Article 16
The Government of the Russian Federation shall annually submit to the
Council of Federation and the State Duma the report on participation of the Russian
Federation in the activity of maintenance or restoration of the international peace
and security.
Article 17
In connection with enforcement of the present Federal Law:
1. The President of the Russian Federation shall be proposed to adjust his
legal acts in compliance with the present Federal Law.
2. The Government of the Russian Federation shall be commissioned to
adjust the adopted legal acts in compliance with the present Federal Law.
Article 18
The present Federal Law shall become effective from the date of its official
publication.
President of the Russian Federation
City of Moscow, The Kremlin
June 23 1995
№ 93-FZ
B. Yeltsin